Mumbai, Nov 28 (PTI) A couple has moved Bombay High Court seeking a direction to the Maharashtra government to set up a district surrogacy board as per provisions of the Surrogacy (Regulation) Act, 2021 and to process registrations of infertility clinics in Mumbai.

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A division bench headed by Justice S V Gangapurwala on Monday sought the government's response to the plea and posted it for hearing on December 12.

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As per the petition, the couple, both in their 40s now, got married in 2016. The wife has been suffering from diabetes and other related ailments since she was young. She failed to get pregnant following which they approached various fertility clinics and experts but the same did not result in pregnancy.

The couple then decided to go for surrogacy, but they learnt no clinic has been granted registration for surrogacy yet, as per the plea.

The plea claimed despite there being a law in respect of surrogacy and Assisted Reproductive Techniques, no clinic in Mumbai has been granted registration. Without registration, no clinic can process surrogacy applications, it said.

It said even the district surrogacy board has not been set up under the provisions of the Act.

"Prohibiting the petitioners to undergo ART procedures would be against the fundamental rights enshrined under Articles 14 and 21 of the Constitution of India," the petition said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)